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Georgia: Final Authorization of State Hazardous Waste Management Program Revision
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 28, 2000 (Volume 65, Number 229)]
[Rules and Regulations]
[Page 70804-70807]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no00-19]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6907-3]
Georgia: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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[[Page 70805]]
SUMMARY: Georgia has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for Final authorization, and is
authorizing the State's changes through this immediate final action.
EPA is publishing this rule to authorize the changes without a prior
proposal because we believe this action is not controversial and do not
expect comments that oppose it. Unless we get written comments which
oppose this authorization during the comment period, the decision to
authorize Georgia's changes to their hazardous waste program will take
effect. If we get comments that oppose this action, we will publish a
document in the Federal Register withdrawing this rule before it takes
effect and a separate document in the proposed rules section of this
Federal Register will serve as a proposal to authorize the changes.
DATES: This Final authorization will become effective on January 29,
2001 unless EPA receives adverse written comment by December 28, 2000.
If EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Send written comments to Narindar Kumar, Chief, RCRA
Programs Branch, Waste Management Division, U.S. Environmental
Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth
Street, SW, Atlanta, Georgia 30303-8960; (404) 562-8440. You can view
and copy Georgia's application from 8 a.m. to 4:30 p.m. at the
following addresses: The Georgia Department of Natural Resources
Environmental Protection Division, 205 Butler Street, Suite 1154 East,
Atlanta Georgia 30334-4910, and from 8:30 a.m. to 3:45 p.m., EPA Region
4, Library, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8960, Phone number (404) 562-8190, Kathy
Piselli, Librarian.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs
Branch, Waste Management Division, U.S. Environmental Protection
Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8960; (404) 562-8440.
SUPPLEMENTARY INFORMATION:
A. Why are Revisions to State Programs Necessary?
States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in this Rule?
We conclude that Georgia's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Georgia Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Georgia has responsibility for permitting
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders
and for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Georgia, including
issuing permits, until the State is granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Georgia subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Georgia has enforcement responsibilities under its State
hazardous waste program for violations of such program, but EPA retains
its authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
Do inspections, and require monitoring, tests, analyses or
reports
Enforce RCRA requirements and suspend or revoke permits
Take enforcement actions regardless of whether the State
has taken its own actions
This action does not impose additional requirements on the
regulated community because the regulations for which Georgia is being
authorized by today's action are already effective, and are not changed
by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the State program changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What has Georgia Previously Been Authorized for?
Georgia initially received Final authorization on August 7, 1984,
effective August 21, 1984 (49 FR 31417), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on July 7, 1986, effective September 18, 1986
(51 FR 24549), July 28, 1988, effective September 26, 1988 (53 FR
28383), July 24, 1990, effective September 24, 1990 (55 FR 30000),
February 12, 1991, effective April 15, 1991 (56 FR 5656), May 11, 1992,
effective July 10, 1992 (57 FR 20055), November 25, 1992, effective
January 25, 1993 (57 FR 55466), February 26, 1993, effective April 27,
1993 (58 FR 11539), November 16, 1993, effective
[[Page 70806]]
January 18, 1994 (58 FR 60388), April 26, 1994, effective June 27, 1994
(59 FR 21664), May 10, 1995, effective July 10, 1995 (60 FR 24790),
August 30, 1995, effective October 30, 1995 (60 FR 45069), March 7,
1996, effective May 6, 1996 (61 FR 9108), September 18, 1998, effective
November 17, 1998 (63 FR 49852), and October 14, 1999, effective
December 13, 1999 (64 FR 55629).
G. What Changes are We Authorizing with Today's Action?
On April 28, 2000, Georgia submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. Georgia's revision consists of
provisions promulgated July 1, 1997 through June 30, 1998, otherwise
known as HSWA Cluster VIII. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
Georgia's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant Georgia Final authorization for the following program changes:
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Description of Federal requirement Federal Register Analogous State authority 1
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Checklist 160, Land Disposal 7/14/97.............................. Georgia Hazardous Waste Management,
Restrictions Phase III--Emergency (62 FR 37699)........................ Official Code of Georgia Annotated
Extension of the K088 National (GHWMA, O.C.G.A.) Section 12-8-
Capacity Variance, Amendment. 62(14), 12-8-64 (1) (A), (B), (D),
(F), and (I), 12-8-65(a) (16), and
(21); Rule 391-3-11-.16.
Checklist 161, Emergency Revision 8/28/97.............................. GHWMA, O.C.G.A. 12-8-62(14) and
of the Carbamate Land Disposal (62 FR 45572)........................ (23), 12-8-64 (1) (A), (B), (D),
Restrictions. (F), and (I), 12-8-65(a) (16) and
(21); Rule 391-3-11-.16.
Checklist 162, Clarification of 12/5/97.............................. GHWMA, O.C.G.A. 12-8-62 (14) and
Standards for Hazardous Waste LDR (62 FR 64509)........................ (23), 12-8-64 (1) (A), (B), (D),
Treatment Variances. (F), and (I), 12-8-65 (a) (14),
(16), and (21); Rule 391-3-11-.16.
Checklist 163, Organic Air Emission 12/8/97.............................. GHWMA, O.C.G.A. 12-8-64 (1) (A),
Standards for Tanks, Surface (62 FR 64656-64671).................. (B), (C), (D), (E), and (F), 12-8-
Impoundments, and Containers; 65(a) (3), (16), and (21), 12-8-66;
Clarification and Technical Rules 391-3-11.01(2), 391-3-
Amendment. 11.10(1), 391-3-11.11(3)(h)
Checklist 164, Kraft Mill Steam 4/15/98.............................. GHWMA, O.C.G.A. 12-8-62 (10) and
Stripper Condensate Exclusion. (63 FR 18635-18751).................. (20), 12-8-64 (1) (D) and (J), 12-8-
65 (a) (16) and (21); Rule 391-3-11-
.07(1).
Checklist 166, Recycled Used Oil 5/6/98............................... GHWMA, O.C.G.A. 12-8-62(11), (12),
Management Standards, Technical (63 FR 24968-24969).................. (13), (21), and (22), 12-8-64(1)
Correction and Clarification. 7/14/98.............................. (A), (B), (C), (D), (E), (F), (I),
(63 FR 37781-37782)................. and (L), 12-8-65(a) (3), (16), and
(21), 12-8-66; Rules 391-3-
11.07(1), 391-3-11-.17.
Checklist 167A, Land Disposal 5/26/98.............................. GHWMA, O.C.G.A. 12-8-62 (14) and
Restrictions Phase IV--Treatment (63 FR 28636-28753).................. (23), 12-8-64 (1) (A), (B), (D),
Standards for Metal Wastes and 6/8/98............................... (F), and (I), 12-8-65 (a) (16), and
Mineral Processing. (63 FR 31266)........................ (21); Rule 391-3-11-.16.
Checklist 167B, Land Disposal GHWMA, O.C.G.A. 12-8-62 (14) and
Restrictions Phase IV--Hazardous (23), 12-8-64 (1) (A), (B), (D),
Soils Treatment Standards and (F), and (I), 12-8-65 (a) (16), and
Exclusions. (21); Rule 391-3-11-.16.
Checklist 167C, Land Disposal GHWMA O.C.G.A. 12-8-62 (14) and
Restrictions Phase IV--Corrections. (23), 12-8-64 (1) (A), (B), (D),
Checklist 167E, Bevill Exclusion (F), and (I), 12-8-65 (a) (14),
Revisions and Clarifications. (16) and (21); Rule 391-3-11-.16.
Checklist 167F, Exclusion of GHWMA O.C.G.A. 12-8-62(14) and (23),
Recycled Wood Preserving 12-8-64 (1) (A), (B), (D), (F), and
Wastewaters. (I), 12-8-65 (a) (16) and (21);
Rule 391-3-11-.16.
GHWMA, O.C.G.A. 12-8-62(10) and
(20), 12-8-64 (1) (D), and (J), 12-
8-65 (a) (16) and (21); Rule 391-3-
11-.07(1).
GHWMA, O.C.G.A. 12-8-62(10) and
(20), 12-8-64 (1) (D), (J), and
(L), 12-8-65 (a) (16) and (21);
Rule 391-3-11-.07(1).
Checklist 168, Hazardous Waste 6/19/98.............................. GHWMA, O.C.G.A. 12-8-62 (10) and
Combustors: Revised Standards. (63 FR 33823-33829).................. (20), 12-8-64 (1) (D), (J), and
(L), 12-8-65 (a) (16) and (21);
Rule 391-3-11-.07(1).
GHWMA O.C.G.A. 12-8-64 (1) (A), (B),
(C), (D), (E), (F), and (I), 12-8-
65(a) (3), (16), and (21); Rule 391-
3-11-.11(7)(d) and (3)(f).
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\1\ The Georgia provisions are from the Georgia Hazardous Waste Management Regulations effective December 23,
1998.
H. Where Are the Revised State Rules Different From the Federal
Rules?
There are no State requirements in this program revision considered
to be more stringent or broader in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
Georgia will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which we issued prior to the effective date of this authorization until
they expire or are terminated. We will not issue any more new permits
or new portions of permits for the provisions listed in the Table above
after the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which Georgia is
not yet authorized.
J. What Is Codification and Is EPA Codifying Georgia's Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart L for this authorization of Georgia's
program until a later date.
K. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes
[[Page 70807]]
pre-existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). For the same reason, this action also does not
significantly or uniquely affect the communities of Tribal governments,
as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This
action will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999), because it merely authorizes State requirements as part of
the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA. This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental
health or safety risks.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 F.R. 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 F.R. 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective January 29, 2001.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: October 26, 2000.
A. Stanley Meiburg,
Regional Administrator, Region 4.
[FR Doc. 00-30006 Filed 11-27-00; 8:45 am]
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